• CASES

    Search by

Lamontagne v. Canada (Attorney General)

- Parties: The applicants were Jacques Lamontagne (Manufacturer), Jacques Lamontagne (Recognized Technician), and C.E.L.L. Inspection Inc (CELL). The respondent was the Attorney General of Canada. 

- Subject Matter: Measures Canada (MC) designated CELL as a recognized inspector and accredited service provider under a registration agreement dated Sept. 30, 2014. On Sept. 18, 2018, MC suspended the registration certificate authorizing CELL to examine and certify measuring devices due to its failure to remedy two violations and submit corrective action plans in line with MC’s requirements. On Sept. 9, 2022, MC’s president dismissed CELL’s third appeal challenging the suspension. The applicant sought judicial review of this decision. 

- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review application. The court held that the decision more than met the relevant requirements, namely that an administrative decision would be reasonable if it was transparent, intelligible, and justified. The court determined that MC’s president carefully explained the scope of the appeal, clearly presented her reasons in the decision and in the report, and thoroughly analyzed the file before upholding the suspension and finding it justified. The court found no breach of procedural fairness and rejected the applicants’ accusation of bias, given the lack of supporting evidence. 

- Date: The hearing was set on Nov. 8, 2023. The court released its decision on Apr. 15, 2024. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court awarded the respondent costs of $4,000. 

Jacques Lamontagne (Le Fabricant)
Law Firm / Organization
MANDATES
Jacques Lamontagne (Technicien Reconnu)
Law Firm / Organization
MANDATES
C.E.L.L. Inspection Inc.
Law Firm / Organization
MANDATES
Ministre de L'Industrie
Mesures Canada
Attorney General of Canada
Federal Court
T-2113-22
Administrative law
$ 4,000
Respondent
12 October 2022